26 U.S.C. § 4672. Definitions and special rules

  1. (a)
    (a)

    Taxable substance

    For purposes of this subchapter

    1. (1)
      (a)(1)

      In general

      The term “taxable substance” means any substance which, at the time of sale or use by the importer, is listed as a taxable substance by the Secretary for purposes of this subchapter.
    2. (2)
      (a)(2)

      Determination of substances on list

      A substance shall be listed under paragraph (1) if—

      1. (A)
        (a)(2)(A)the substance is contained in the list under paragraph (3), or
      2. (B)
        (a)(2)(B)the Secretary determines, in consultation with the Administrator of the Environmental Protection Agency and the Commissioner of U.S. Customs and Border Protection, that taxable chemicals constitute more than 50 percent of the weight (or more than 50 percent of the value) of the materials used to produce such substance (determined on the basis of the predominant method of production).
      If an importer or exporter of any substance requests that the Secretary determine whether such substance be listed as a taxable substance under paragraph (1) or be removed from such listing, the Secretary shall make such determination within 180 days after the date the request was filed.
    3. (3)
      (a)(3)

      Initial list of taxable substances

      Cumene
      Methylene chloride
      Styrene
      Polypropylene
      Ammonium nitrate
      Propylene glycol
      Nickel oxide
      Formaldehyde
      Isopropyl alcohol
      Acetone
      Ethylene glycol
      Acrylonitrile
      Vinyl chloride
      Methanol
      Polyethylene resins, total
      Propylene oxide
      Polybutadiene
      Polypropylene resins
      Styrene-butadiene, latex
      Ethylene oxide
      Styrene-butadiene, snpf
      Ethylene dichloride
      Synthetic rubber, not containing fillers
      Cyclohexane
      Urea
      Isophthalic acid
      Ferronickel
      Maleic anhydride
      Ferrochromium nov 3 pct
      Phthalic anhydride
      Ferrochrome ov 3 pct. carbon
      Ethyl methyl ketone
      Unwrought nickel
      Chloroform
      Nickel waste and scrap
      Carbon tetrachloride
      Wrought nickel rods and wire
      Chromic acid
      Nickel powders
      Hydrogen peroxide
      Phenolic resins
      Polystyrene homo­polymer resins
      Polyvinylchloride resins
      Melamine
      Polystyrene resins and copolymers
      Acrylic and methacrylic acid resins
      Ethyl alcohol for nonbeverage use
      Vinyl resins
      Ethylbenzene
      Vinyl resins, NSPF.
    4. (4)
      (a)(4)

      Modifications to list

      The Secretary shall add to the list under paragraph (3) substances which meet either the weight or value tests of paragraph (2)(B) and may remove from such list only substances which meet neither of such tests.
  2. (b)
    (b)

    Other definitions

    For purposes of this subchapter

    1. (1)
      (b)(1)

      Importer

      The term “importer” means the person entering the taxable substance for consumption, use, or warehousing.
    2. (2)
      (b)(2)

      Taxable chemicals; United States

      The terms “taxable chemical” and “United States” have the respective meanings given such terms by section 4662(a).
  3. (c)
    (c)

    Disposition of revenues from Puerto Rico and the Virgin Islands

    The provisions of subsections (a)(3) and (b)(3) of section 7652 shall not apply to any tax imposed by section 4671.
(Added Pub. L. 99–499, title V, § 515(a), Oct. 17, 1986, 100 Stat. 1768; amended Pub. L. 100–647, title II, § 2001(b), Nov. 10, 1988, 102 Stat. 3594; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.)